STAND. COM. REP. NO. 3956

Honolulu, Hawaii

RE: H.B. No. 1712

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1712, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LANDS,"

beg leave to report as follows:

The purpose and intent of this measure is to prohibit siting of waste disposal facilities on important agricultural lands and agricultural lands with class A and B productivity ratings.

Your Committees received testimony in support of this measure from the Department of Agriculture; Land Use Research Foundation of Hawaii; Hawaii Cattlemen's Council, Inc.; Hawai‘i Farm Bureau; Ulupono Initiative; Larry Jefts Farms, LLC; Hawaii Crop Improvement Association; CropLife America; Biotechnology Innovation Organization; and two individuals. Your Committees received testimony in opposition to this measure from the City and County of Honolulu's Department of Environmental Services. Your Committees received comments on this measure from the Office of Planning and Sustainable Development and Office of the Mayor of the County of Kaua‘i.

Your Committees find that agriculture is an essential economic activity in Hawai‘i. To support agriculture, the State has established land use designations that protect certain lands for agricultural use. However, lands designated for agriculture can also be used for specific non-agricultural activities. Siting landfills on agricultural lands jeopardizes crop safety by creating the potential for contamination through dust, soil runoff, or poor water quality. This measure prohibits the use of agricultural lands for waste disposal facilities to ensure that agricultural lands are used to support agricultural purposes. This measure also seeks to protect agricultural lands with the highest productivity potential from land uses that are inconsistent with agricultural production.

Your Committees have amended this measure by inserting an effective date of July 30, 2075, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1712, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1712, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair